The anti-fraud laws included within Michigan and Federal statutes cover a wide range of conduct, but in general fraud involves:
- Someone knowingly misrepresenting an important fact through an act or omission
- The intent of fooling the victim
- The victim believing the misrepresentation and relying on it
- The victim suffering damages as a result
Regardless of the kind of fraud with which you are charged, you could face civil liability and serious criminal penalties. In addition to paying fines and spending time in jail, you will have to pay restitution to the victims, pay court fees, and deal with the consequences of a conviction for fraud on your permanent criminal record. Your criminal record can interfere with your ability to gain employment, qualify for professional licenses, and exercise your second amendment right to own a firearm. To fight these consequences, you need a skilled Detroit Fraud Attorney.
Obtaining a Signature through Fraud
Under Michigan Penal Code section 750.273 – 274, someone who obtains a signature through fraudulent means will be guilty of a felony and may be sentenced to spend up to 10 years in prison and pay up to $5,000 in fines. If you use a contract or a promissory note that you know to contain a false signature and attempt to collect on it, you will face a felony charge involving a 10-year prison sentence and $5,000 in fines. A charge this serious requires an immediate consultation with a Detroit Fraud Attorney.
Food Stamp Fraud Charges
According to Michigan Penal Code section 750.300, it’s illegal to knowingly use, transfer, acquire, alter, or purchase food stamps in a manner that is not authorized by law. This includes selling your Food Assistance Program (FAP) card to a friend, using someone else’s FAP card for your own household, not reporting your income to the Department of Human Services (DHS), or making false statements in your application for food assistance. Violations of this statute are punished as follows:
- Misdemeanor conviction with 93 days in jail and/or $1,000 fines—When the value of the illegally used food stamps was $250 or less
- Felony conviction punishable by 5 years in prison and/or fines of up to $10,000—For a second conviction involving $250 or less of food stamps, or a first conviction involving food stamps valued between $250 and $1,000
- Felony conviction involving 10 years imprisonment and/or fines of $250,000—When you have a second conviction involving $250 to $1,000 of food stamps, or a first conviction involving more than $1,000 of food stamps
To determine the value of the fraudulently used food stamps, the authorities will look at the amount sold, used, or transferred over a 12-month period.
In addition to the criminal punishment outlined above, your violation of the food stamp program rules will result in administrative penalties. For example, you may be barred from the food stamp program for up to 10 years, and compelled to pay back to DHS the amount you stole.
